# Cease and Desist!

"Robert J. Brown" (rj@eli.wariat.org)
Sun, 2 Jun 1996 20:47:26 PDT

- Messages sorted by:[ date ][ thread ][ subject ][ author ]

    >>>>> "Peter" == H Peter Anvin <hpa@trantor.zytor.com> writes:

        Peter> Followup to: <199606022016.PAA02822@eli.wariat.org> By
        Peter> author: "Robert J. Brown" <rj@eli.wariat.org> In newsgroup:
        Peter> local.moo
        >>  First off, this guy has no idea what he is talking about,
        >> since you cannot copyright a company name, although you can
        >> trademark it.  Just because he has named his company does not
        >> automatically infer protection on that name.
        >>
        >> Due to his ignoprant statement, I doubt that he has actually
        >> registered his company name in his home county, much less at
        >> the state level.  He is not elligible for trademark protection
        >> until he has done interstate commerce (meaning the sale of
        >> goods or services across state lines), and ebven then, he must
        >> file for it after a search, and the protection is only in the
        >> areas he registered it under.
        >>

        Peter> INCORRECT - Trademark protection applies whether or not it
        Peter> has been registered (and you are not required to do a
        Peter> search, although it is generally wise since someone else
        Peter> may have an unregistered conflicting trademark.)  However,
        Peter> if unregistered you can not sue for legal costs.

    Again, I think you are confusing copyright with trademark.  Also, I
    speak only with regard to US laws on trademark and copyright.  Berne
    convention means the protection is similar in most countries, but
    there is no similar agreement on trademarks.

        >> His statements show that he does not know what he is talking
        >> about.  I suspect he made up a company name, but has not
        >> obtained the required state or federal taxpayer ID number for a
        >> corporation, much less registered a trademark.

        Peter> That is legal.  A trademark is defined by use, not by
        Peter> registration.  He needs to have a "ficticious name
        Peter> statement" filed in his home county, however.

    This is true, but if a trademark is not registered, and someone else
    registers it first, he is out of luck.  It is not like a patent, which
    is covered from date of invention, not date of filing.

        >> If you really want to goose him, register the trademark
        >> yourself, and the sue him!  This has been done before: re the
        >> great case of Bonanza steak houses vs Ponderosa steak houses.

        Peter> Won't work; his trademark would have precedence (if it has
        Peter> been used in interstate or international commerce.)

        Peter> 	-hpa -- PGP public key available - finger
        Peter> hpa@zytor.com "The earth is but one country, and mankind
        Peter> its citizens."  -- Bahá'u'lláh Just Say No to Morden
        Peter> * Save Babylon 5: http://www.babylon5.com/cmp/support/